Sentences with phrase «under the waiver of»

With the exception of California, under Waiver of Premium, total disability is defined as: (1) during the first two years of total disability, the insured is unable, due to sickness or injury, to perform any of the duties of his or her regular occupation; (2) after the first two years of total disability, the insured is unable, due to sickness or injury, to perform any gainful work for which he or she is reasonably fitted by education, training, or experience.

Not exact matches

Reuters has reported the draft would assert that a 1975 law bars California from imposing its own state emissions rules, as it has long done nonetheless under a series of Clean Air Act waivers.

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Daily Harvest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.

Subject to the fulfillment or waiver of all conditions precedent under the Merger Agreement, Angel, Angel AcquisitionCo and Huayra will implement the Amalgamation.

As such, we encourage the Committee to also devote time and attention to several issues that will help ensure the long - term stability of the individual market, including: Section 1332 waivers under the ACA; long - term stability funding; limiting third - party premium payments; and returning to the states more regulatory authority over the individual and small group markets.

The 9948.00.00 is a form of waiver, which allows a good to be imported under this code rather than its normal HS code.

The Company will seek a waiver from NYSE American's shareholder approval requirements in circumstances where the securities issuance does not trigger such a requirement under British Columbia law or under the rules of the Toronto Stock Exchange.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

One of those regulators was the Securities and Exchange Commission, which granted an assortment of waivers, including letting some or all of the banks remain «well - known seasoned issuers,» retain a safe harbor for forward - looking statements, and avoid disqualification under Rule 506 for doing private placements.

Thrivent Financial for Lutherans became the sixth plaintiff to lob a complaint against the Department of Labor's fiduciary rule when the insurer filed a suit in late September challenging the class - action waiver requirement under the rule's best interest contract exemption, or BICE.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

Anyone under 16 years of age will be required to have a current waiver on file with the Park District, signed by a parent or guardian.

A district court has granted a plaintiff's motion to remand a lawsuit back to a state court after the plaintiff, who was seeking a waiver of ineligibility from the Kentucky High School Athletics Association, withdrew his allegation that his rights under the United States Constitution were violated.

Any forbearance or delay on the part of either party in enforcing any of its rights under this Terms of Service will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence.

Village Manager Ken Fritz told trustees, meeting Tuesday night as the Committee of the Whole, that although the village and Park District jointly own the state - of - the - art electronic scoreboard under terms of the lease agreement with the Flyers, a temporary waiver of scoreboard ownership will help the team.

Some of those districts have asked for a waiver under the state law giving them an extra four years to figure out how to do it.

(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis of his wages and self - employment income as well as all such benefits and other payments to him on the basis of the wages and self - employment income of any other person, and only if the Commissioner of Social Security finds that --

Economic support aid is distributed partly by USAID via vetted contractors, and partly directly to the Palestinian Authority under waivers issued by the President (the waiver numbers fluctuate a lot year - to - year, but have totaled $ 900M under Obama's administration as of 2014; this is taken out of the economic support fund).

As of Thursday, 135 school districts have approved plans, and the majority, 554 districts, are operating under hardship waivers, according to the state Education Department.

Under the bill, introduced late last week, the top 20 percent of the state's highest performing school districts would be allowed to submit their current evaluation plans along with a request for a waiver to the Department of Education.

Black, 66, has been under fire from several city officials who say that the Hearst chairman should not receive the state waiver she needs to get the job because of her lack of education experience.

The majority of school districts, 606 of them, are using that existing teacher and principal evaluation system, having gotten a waiver letting them to push back implementing the new, Cuomo - backed system — under which teachers are scored on a matrix — until September 2016.

Under state law, waivers can be granted only when there is «an urgent need... as the result of an unplanned, unpredictable, and unexpected vacancy where sufficient time is not available to recruit a qualified individual.»

Under state law, individuals convicted of a felony must get a waiver from the courts, known as a «certificate of good conduct,» to run for public office.

Under the new legislation, which Mayor Bill de Blasio has said he supports, the city will honor immigration waivers if the federal government requests them with a judge's warrant — and even then, only if the subject of the warrant was convicted within the last five years of a violent or serious crime, or is a possible match on the terrorism watch list.

In order for Black to be certified, Steiner will have to grant her a waiver since Black, a prominent magazine publishing executive, does not have the educational training or experience required of candidates for the position under state law.

The state (SCDDSN) agreed that any child who was deemed «presumptively eligible» for ABA through BabyNet and later received a diagnosis of ASD would continue to receive ABA therapy after reaching age three under the Medicaid waiver or through the special state appropriations.

Some of the distinctive components of the Healthy Michigan Plan, and permitted under a waiver granted by the Centers for Medicare and Medicaid Services, hadn't launched by the end of the first 100 days, and so can't yet be analyzed.

This SpacePolicyOnline.com summary of the hearing appeared as an article on SpacePolicyOnline.com on October 12 under the title «NASA Confident of Russian Launch Failure Analysis; Wants Another INKSNA Waiver.»

By May 12, Trump must extend waivers on nuclear - related sanctions to avoid violating U.S. commitments under the Joint Comprehensive Plan of Action.

No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition.

All eligible international travelers who wish to travel to the United States under the Visa Waiver Program must apply A customs duty or due is the indirect tax levied on the import or export of goods in international trade.

Individuals under the age of 18 may not marry in New Hampshire without parental approval and a judicial waiver.

17.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

The Every Student Succeeds Act (ESSA) has officially ended the era of No Child Left Behind and the subsequent forms that it took under Secretary Duncan's waiver regime.

As in California's CORE districts, a collaborative of ten districts that received a federal waiver under NCLB, the multiple measures can be weighted periodically — the new law requires a determination once every three years — to allow a calculation of which schools are most in need of assistance.

CORE and its member districts have partnered with TransformEd to assist member districts to fulfill public reporting obligations under its federally - approved waiver from No Child Left Behind school accountability provisions (NCLB waiver), approved by the US Department of Education (USDOE) on August 6th, 2013.

States must consider n - size alongside how they permit schools to combine data over grade levels, school years, and / or groups of students — strategies many states have been using under NCLB waivers and that first - round states have included in their ESSA plans.

June 2012 — More than half of states have been granted waivers, so the majority of the country is no longer operating under the NCLB law as written.

The waivers, which are now in place in 42 states, Puerto Rico, and the District of Columbia, allow states to get out from under many of the mandates of the NCLB law in exchange for embracing certain education redesign priorities.

Under NCLB waivers, many states used this general concept, with a range of custom designs.

Accountability provisions such as these are likely to be muted under the new NCLB waivers, which stipulate that states must focus their improvement efforts on the lowest - performing 15 % of schools, but de-emphasize performance of student sub-groups in every school.

Often, these schools are taking advantage of the innovations offered by blended learning technology platforms and combining them with the regulatory freedom offered under charter school laws, waivers of seat time requirements, and teacher reforms to develop entirely new models of education.

Critics also pointed out that the new accountability systems under the waivers may hide deficiencies in the performance of children in previously closely watched sub-groups and may weaken incentives to improve performance of those children.

The Department of Education has issued waivers under both of these scenarios in recent years.

Do conservatives want to continue to live under a waiver policy that grants the U.S. Department of Education the authority to micromanage states» annual tests, accountability systems, and teacher evaluation approaches?

As of August 1 this year, NCLB is dead, and, so are any waivers issued under NCLB.

Five of these districts, operating under a U.S. Department of Education waiver, began collecting measures of growth mindset, among other socio - emotional skills, for all of the students between 3rd and 11th grade, through surveys.

Under the American constitutional system, officials of the Executive branch should carry out the current law as it is, not engage in back - door legislating through conditional waivers.